Opinion
Opinion. In Evidence. An Infer Ence Or Conclusion' Drawn By A Witness, As Dis Tinguished From Facts Known To Him As Facts. 2. It Is ,the Province Of The Jury To Draw Inferences And Conclusions; And If Witnesses Were In General Allowed To Testify Wbat They Judge As Well As ...
Opus Magnificiiim Or Iviani
Opus Magnificiiim Or Iviani Ficium (from Lat. Opus, Work, Manus, Hand). In Old English Law. Manual Labor. Fleta, 1. 2, C. 48, 3. Or. A Disjunctiveparticle. 2. As A Particle, Or Is Often Construed And. And Ancl Construed Or, To Further The Intent Of The Parties, In Legacies, Devises;. Deeds, ...
Oregon
Oregon. One Of The New States Of Tho United States. 2. In July, 1845, A Territorial Government Was Established By The People Of Oregon Territory, To Last Till Such Time As The United States Should Ex Tend Its Jurisdiction Over The Territory. This Was Done In 1848 By Act Of ...
Original Entry
Original Entry. The First Entry Made By A Merchant, Tradesman, Or Other Person In His Account-books, Charging Another With Merchandise, Materials, Work Or Labor, Or Cash, On A Contract Made Between Them. 2. Such An Entry, To Be Admissible As Evi Dence, Must Be Made In A Proper Book. In ...
Owner
Owner. He Who Has Dominion Of A Thing, Real Or Personal, Corporeal Or Incorpo Real, Which He Has A Right To Enjoy And Do With As He Pleases,—even To Spoil Or Destroy It, As Far As The Law Permits, Unless He Be Pre Vented By Sonae Agreement Or Covenant Which ...
Oxgang
Oxgang (fr. Sax. Gang, Going, And Ox ; Ls,w Lat. Bovata). In Old English Law. So Much Land As An Ox Could Till. Accord Ing To Some, Fifteen Acres. Coke, Litt. 69 A; Crompton, Jurisd. 220. According To Bal Four, The Scotch Oxengang, Or Oxgate, Con Tained Twelve Acres ; ...
Pandect S
Pandect S. In Civil Law. The Name Of An Abridgment Or Compilation Of The Civil Law, Made By Tribonian And Others, By Order Of The Emperor Justinian, And To Which He Gave The Force Of Law A.d. 533. 2. It Is Also Kuown By The Name Of The Digest, Because ...
Pardon
Pardon. An Act Of Grace, Proceeding From The Power Intrusted With The Execution Of The Laws, Which Exempts The Individual On Whom It Is Bestowed From The Punishment The Law Inflicts For A Crime He Has Committed. 7 Pet. 160. Every Pardon Granted To The Guilty Is In Dero Gatiian ...
Parliament
Parliament (said To Be Derived From Parter La Ment, To Speak The Mind, Or Parum Lamentum). In Engliah Law. The Legislative Branch Of The Government Of Great Britain, Consisting , Of The House Of Lords And The House Of Commons. 2. The Parliament Is Nsnally Coneidcred To Con , Sist ...
Particular Personal Relations 10
Particular Personal Relations. 10. Executors And Administrators Have No Power To Sue Or Be Sued By Virtue Of A Foreign Appointment As Such. Westlake, Priv. Int. Law, 279; 1 Greenleaf, Ev. 544; 2 Jones, Eq. No. C. 276; 10 Rich. So. C. 393. It Seems To Be Otherwise Where A ...
Parties
Parties (lat. Pars, A Part). Those Who Take Part In The Performance Of An Act, As, Making A Contract, Carrying On An Action. A Party In Law May Be Said To Be Those United In Interest In The Performance Of An Act : It May Then Be Composed Of One ...
Partners
Partners. In Contracts. Members Of A Partnership. Dormant Partners Are Those Whose Names And Transactions As Partners Are Professedly Concealed Frum The World. Nominal Partners Are Ostensible Partners Who Have No Interest In The Firm Or Business. Ostensible Partners Are Those Whose Names Appear To The World As Partners, And ...
Partnership
Partnership. In Contracts. A Voluntary Contract Between Two Or More Per Sons For Joining Together Their Money, Goods, Labor, And' Skill, Or Any Or All Of Them, In Some Lawful Commerce Or Business, Under An :understanding, Express, Or Implied From The Nature Of The Enterprise, That There Shall Be A ...
Parturition
Parturition. The Act Of Giving Birth To A Child. See Birth. Part1713 (lat.). The Child Just Before It Is Born, Or Immediately After Its Birth. Offspring. See Mexims, Partus Sequitur, Etc. A Jury De Medietate Linguce, Which Title See. A Wall Erected On The Line Between Two Adjoining Estates, Belonging ...
Patent
Patent. A Grant Of Some Pi Ivilege, Property, Or Authority, Made By The Govern Ment Or Sovereign Of A Country To One Or More Individuals. Phillips, Pat. 1. As The Term Was Originally Used In Eng Land, It Signified Certain Written Instruments Emanating From The King And Sealed With The ...
Patent Copyright
Patent ; Copyright. The Title To Personal Property Is Acquired And Lost By Transfer By Act Of Law, In Various Ways : By Forfeiture; Succession ; Marriagc:' Judgment ; Insolvency ; Intestacy. See Those Titles. Title Is Acquired And Lost By Transfer By The Act Of The Party, By Gift, ...
Patent Office
Patent Office. The Office Through Which Applications For Patents Are Made, And From Which Those Patents Emanate. Some Provision For The Impose Of Issuing Pat Ents Is, Of Course, Found In Every Country Where The System Of Granting Patents For Inventions Pre Veils; But Nowhere Else Is There An Estsblishment ...
Pater
Pater (lat.). Father. The Latin Term Is Considerably Used In Genealogical Tables. (lat.). In Civil Law. One Who Was Sui Juris, And Not Sub Ject To The Paternal Power. 2. In Order To Give A Correct Idea Of What Was Understood In The Roman Law By This Term, It Is ...
Patria Potestas
Patria. Potestas (lat.). In Civil Law. The Paternal Power ; The Authority Which The Law Vests In The Father Over The Per Sons And Property Of His Legitimate Children. 2. One Of The Effects Of Marriage Is The Paternal Authority Over The Children Born In Wedlock. In The Early Period ...
Patron178
Patron178 (lat.). In Roman Law A Modification Of The Latin Word Pater, Father. A Denomination Applied By Romulus To The First Senators Of Rome, And Which They Always Afterwards Bore. Romulus At First Appointed A Hundred Of Them. Seven Years Afterwards, In Consequence Of The Asso Ciation Of Tatius To ...
Pawn Pledge
Pledge, Pawn. A Bailment Of Per Sonal Property As Security For Some Debt Or Engagement. A Pledge Or Pawn (lat. Pignus), According To Story, Is A Bailment Of Personal Property As Security For Some Debt Or Engagement. Story, Bailm. 286, Which See For The Less Comprehensive Defini Tions Of Sir ...
Payment
Payment. The Fulfilment Of A Pro Mise, Or The Performance Of An Agreement. The Discharge In Money Of A Sum Due. 2. The Word Payment Is Not A Teehnical Term : It Has Been Imported Into Law Proceedings From The Exchange, And Not Fiom Law Treatiees. When Pay Ment Is ...
Payment Into Court
Payment Into Court. In Frac Tice. Depositing A 'sum Of Money With The Proper Officer Of The Court By The Defendant In A Suit, For The Benefit Of The Plaintiff And In Answer To His Claim. It May Be Made In Some States Under Sta Tutory Provisions, 18 Ala. 293 ...
Peculium
Peculium (lat.). In Civil Law. The Most Ancient Kind Of Peeulium Was The Peculiar& Profectitium Of The Roman Law, Which Signi Fied That Portion Of The Property Acquired By A Son Or Slave Which The Father Or Master Allowed Him, To Be Managed As He Saw Fit. In Modern Civil ...
Penalty
Penalty. A Clause In An Agreement, By Which The Obligor Agrees To Pay A Certain Sum Of Money. If He Shall Fail To Fulfil The Contract Contained In Another Clause Of' The Same Agreement. A Penal Obligation Differs From An Alternative Obligation, For This Is But One In Its Essence; ...
Penitentiary
Penitentiary. A Prison For The Punishment Of Convicts. There Are Two Systems Of Penitentiaries In The United States, Each Of Which Is Claimed To Be The Hest By Its Partisans,—the Pennsylvania System And The New York System. By The Former, Con Victs Are Lodged 113 Separate, Well-lighted, And Well , ...
Pennsylvania
Pennsylvania. One Of The Thir Teen Original States Of The United States Of America. It Received Its Name From A Royal Charter, Granted Hy Charles Ii. To William Penn On The 4th Of March, 1681. By That Diluter William Penn Was Constituted The Proprietary And Governor Of The Ter Ritory. ...
Perils Of The Sea
Perils Of The Sea. A Phrase Contained In Bills Of Lading, And A Class Of Dangers To Goods Carried, The Effects Of Which The Carriers Do Not Undertake To Insure Against In Virtue Of Their General Undertaking. 2. Bills Of Lading Generally Contain An Ex Ception That The Carrier Shall ...
Perjury
Perjury. In Criminal Law. A Wil Ful False Oath By One Who, Being Lawfully Re Quired To Depose The Truth In Any Judicial Proceeding, Swears Absolutely In A Rnatter Material To The Point In Question, Whether He Be Believed Or Not. The Wilful Giving, Under Oath In A Judicial Proceeding ...
Person
Person. A Man Considered According To The Rank He Holds In Society, With All The Rights To Which The Place He Holds Entitles Him, And The Duties Which It Imposes. 1 Bouvier, Inst. N. 137. A Corporation, Which Is An Artificial Person. 1 Sharswood, Blackst. Comm. 123 ;• 4 Bingh. ...
Personal Property
Personal Property. The Right Pr Interest Which A Man Has In Things Per Sonal. The Right Or Interest Less Than A Freehold Which A Man Has In Realty, Or Any Right Or Interest Which He Has In Things Movable. Personal Property Is To Be Distinguished From Things Personal. There May ...
Physician
Physician. A Person Who Has Re Ceived The Degree Of Doctor Of Medicine From An Incorporated Institution. One Lawfully Engaged In The Practice Of Medicine. 2. Although The Physician Is Civilly And Criminally Responsible For His Conduct While Discharging The Duties Of His Profession, He Is In No Sense A ...
Pilotage
Pilotage. The Compensation Given To A Pilot For Conducting A Vessel In Or Out Of Port. Pothier, Des Ilvaries, N. 147. Pilotage Is A Lien On The Ship, When The Contract Has Been Made By The Master Or Quasi-master Of The Ship Or Some Other Per Son Lawfully Authorized To ...
Piracy
Piracy. In Criminal Law. A Rob Bery Or Forcible Depredation Nn The High Seas, Without Lawful Authority, Done Ammo Fu. Randi, In The Spirit And Intention Of Universal Hostility. 3 Wheat. 610 ; 5 Id. 153, 163 ; 3 Wash. C. C. 209. This Is The Definition Of This Offence ...
Plea
Plea. In Equity. A Special Answer Showing. Or Relying Upon One Or More Things As A Cause Why The Suit Should Be Either Dis Missed, Or Delayed, Or Barred. Mitford, Eq. Plead. Jeremy Ed. 219 • Cooper, Eq. Plead. 223 ; Story, Eq. Plead. '0 649. 2. The Modes Of ...
Pleading
Pleading. In Chancery Practice. Consists In Making The Formal Written Alle Gations Or Statements Of The Respective Par Ties On The Record To Maintain The Suit, Or To Defeat It, Of Which, When Contested In Mat Ters Of Fact, They Propose To Offer Proofs, And In Matters Of Law To ...
Pleadings
Pleadings. In Chancery Practice. The Written Allegations Of The Respective Par Ties In The Suit. The Pleadings In Equity Arc Less Formal Than Those At Common Law. 2. Tb E Parts Of The Pleadings Are—the Bill, Which Contains The Plaintiff's Statement Of His Case, Or Inftrmation, Where The Suit Is ...
Policy
Policy. In Insurance. The Instru Ment Whereby Insurance Is Made By An Un Derwriter In Favor Of An Assured, Expressed, Implied, Or Intended, Against Some Risk, Peril, Or Contingency In Reference To Some Subject. It Is Usually Either Mariue, Or Against Lire, Or On A Life. It Must Show Expressly, ...
Pompetency Of Witnesses As
. As To The,pompetency Of Witnesses.. Persons, Of :w,hatever Nation, May Be. Wit Nesses. .badon,, Abr.; Evidence (4).; Jacob, Law Diet, A:videnci. ,,aut In Saying This We Mu.st, Of, Course„ Exc,ept Such As, Aro Excluded By The 1,ery Definition Of The Term ; And We ;haie. Seen It To Be ...
Poor Debtors
Poor Debtors. By The Laws Which Exist In Some States For The Relief Of Poor Debtors, It Is Generally Provided That Any One Arrested Or Imprisoned For Debt Or Upon Mesne Process In An Action Of Contract, To Procure His Discharge From Arrest May Summon His Creditor Before A Magistrate, ...
Posse Comitatiis
Posse Comitatiis (lat.). The Power Of The County. 2. The Sheriff, Or Other Peace Officer, Has Authority By The Common Law, While Acting Under The Authority Of The Writ Of The United States, Commonwealth, Or People, As The Case May Be, And For The Purpose Of Preserving The Public Peace, ...
Possession
Possession. The Detention Or Enjoy Ment Of A Thing Which A Man Holds Or Exer Cises By Himself, Or By Another Who Keeps Or Exercises It In His Name. By The Possession Of A Thing We Always Conceive The Condition In Which Not Only One's Own Dealing With The Thing ...
Postage
Postage. The Money Charged By Law For Carrying Letters, Packets, And Documents By Mail. 2. The Rates Of Postage Between Places In The United States Are Fixed Expressly By Law; The Rates Of Postage Upon Foreign Letters Are Fixed By Arrangements Entered Into By The Postmaster-general, In Pursuance Of Author ...
Postulatio
Postulatio (lat.). In Roman Law. The Name Of The First Act In A Crimi Nal Proceeding. 2. A Person Who Wished To Accuse Another Of A Crime Appeared Before The Praetor And Requested His Authority For That Purpose, Designating The Person Intended. This Act Was Called Postulatio. The Postulant (calum ...
Prayer
Prayer. In Equity Practice. The Request In A Bill That The Court Will Grant The Aid Which The Petitioner Desires. That Part Of The Bill Which Asks For Relief. The Word Denotes, Strictly, The Request, But Is Very Commonly Applied To That Part Of The Bill Which Contains The Request. ...
Precedents
Precedents. In Practice. Legal Acts Or Instruments Which Are Deemed Worthy To Serve As Rules Or Models For Subsequent Cases. 2. The Word Is Similarly Applied Ia Respect To Political And Legislative Action. In The Former Use, Precedent Is The Appropriate Word To Designate An Adjudged Case Which Is Actually ...
Pregnancy
Pregnancy. In Medical Juris Prudence. The State Of A Female Who Has Within Her Ovary, Or Womb, A Fecundated Germ, Which Gradually Becomes Developed In The Latter Receptacle. Dunglison, Med. Diet. Pregnancy. 2. The Signs Of Pregnancy. These Acquire A Great Importance From Their Connection With The Subject Of Concealed, ...
Prescription
Prescription. A Mode Of Acquir Ing Title To Incorporeal Hereditarnents By Immemorial Or Long-continued Enjoyment. The Distinction Between A Prescription And A Custom Is That A Custom Is A Local Usage And Not Annexed To A Person ; A Prescription Is A Personal Usage Confined To The Claimant And His ...
Presence
Presence. The Being In A Particular Place. In Many Contracts And Judicial Proceedings It Is Necesaary That The Parties Should Be Present In Order To Render Them Valid : For Example, A Party To A Deed, When It Is Executed By Himself, Must Per Sonally Acknowledge It, When Such Acknowledg ...
Presentment
Presentment. In Criminal Prac Tice. The Written Notice Taken By A Grand Jury Of Any Offence, From Their Own Knowleage Or Observation, Without Any Bill Of' Indictment Laid Before Them At The Suit Of The Government. Sharswood, Blackst. Comm. 301. Upon Such Presentment, When Proper, The Officer Employed To Prosecute ...
President Of The United
President Of The United States Of America. The Title Of The Chief Executive Officer Of The United States. The Constitution Directs That The Executive Power Shall Be Vested In A President Of The United States Of America. Art 2, S. 1. 2. No Person Except A Natural-born Citizen, Or A ...
Presumption
Presumption. An Inference Affirm Ative Or Disaffirmative Of The Tru0 Or False Bood Of Any Proposition Or Fact Drawn By A Process Of Probable Reasoning In The Absence Of Actual Certainty Of Its Truth Or Falsehood, Or Until Such Certainty Can Be Ascertained. Best, Presump. 4. An Inference Affirmative Or ...
Price
Price. The Consideration In Money Given For The Purchase Of A Thing. 2. There Are Three Requisites To The Quality Of A Price In Order To Make A Sale. It Must Be Serious And Such As May Be Demanded: If, Therefore, A Person Were To Sell Me An Article, And ...
Prietor
Prietor. In Roman Law. A Muni Cipal Officer Of Rome, So Called Because (prce Iret Populo) He Went Before Or Took Precedence Of The People. 2. The Consuls Were At First Called Prictore. Liv. Hist. Iii. 55. He Was A Sort Of Minister Of Justice, Invested With Certain Legislative Powers, ...
Principal
Principal. Leading ; Chief ; More Im Portant. This Word Has Several Meanings. It Is Need In Opposition To Accessany, To Show The Degree Of Crime Committed By Two Persons. Thus, We Say, The Prin Cipal Is More Guilty Than The Accessary After The Fact. In Estates, Principal Is Used ...
Privilege
Privilege. In Civil Law. A Right Which The Nature Of A Debt Gives To A Creditor, And Which Entitles Him To Be Preferred Before Other Creditors. La. Code, Art. 3153 ; Dalloz, Diet. Privilege; Domat, Lois Civ. Liv. 2, T. 1, S. 4, N. 1. 2. Creditors Of The Same ...
Or Chan Cery Court
Court Of Chancery, Or Chan Cery. A Court Existing In England And Several Of The United States, Which Possesses An Extensive Equity Jurisdiction. The Name Is Said By Some To Be Derived From That Of The Chief Judge, Who Is Called A Chancellor ; Others Derive Both Names Directly From ...